GDPR: Designation And Position Of Data Protection Officer (DPO) Under European Regulators' Scrutiny

• Jurisdiction: European Union
• Author: Ms Anne-Gabrielle Haie
• Law Firm: Steptoe & Johnson
• Published date: 04 May 2023

On March 15, 2023, the European Data Protection Board (EDPB) announced the launch of a coordinated enforcement action regarding the designation and position of DPO across the European Economic Area (EEA). In practice, EEA Data Protection Authorities will send questionnaires to organizations in order to assess their compliance with GDPR requirements, open formal investigations, and/or follow-up on ongoing formal investigations.

As a reminder, non-compliance with GDPR requirements for the designation and position of the DPO could be subject to a fine of up to EUR 10.000.000 or up to 2% of the total global annual turnover, whichever is higher.

It is thus of utmost importance for organizations to be prepared.

How to prepare your organization?

1. Check whether your organization is required to appoint a DPO under GDPR

Organizations are required to appoint a DPO if they fall within one of the below scenarios:

• The organization is a public authority or body (except for courts acting in their...